United States v. Julian Raymon Ortiz

Granting dismissal without prejudice of indictment and release of defendant detained for distribution of methamphetamine, due to Sixth Amendment violation by failure to pay appointed counsel for five months; distinguishing contrary rulings in the same district. See also US v. Castro, ED Cal. 2:24-cr-74; US v. Evanovich, ED Cal. 2:24-cr-79; US v. Vasquez, 2:25-cr-135. Government appeal filed 1/8/2026, but moved to dismiss the appeal, which the Court of Appeals granted on April 23, 2026.

United States v. Julian Raymon Ortiz

Case Details

Case Analysis

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Case Files

Argument(s)

Final - Date Filed 01/05/26 - 9th Circuit Court of Appeals

See the Analysis section for appeal analysis.

Appeal Details
  • Case Number: 26-124
  • Date Filed: 01/05/2026
  • Jurisdiction: 9th Circuit Court of Appeals
  • Type: Final
  • Status: Decided

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Questions Presented

The government initially appealed the district court's order dismissing the case without prejudice on the grounds that the failure to pay CJA appointed counsel for five months deprived the defendant of his Sixth Amendment right to counsel. The government then moved to dismiss the appeal, which the defendant opposes, urging the Court of Appeals to address the issue presented, as other courts in the same district have denied motions to dismiss for failure to pay CJA counsel.

Result on Appeal

Court granted voluntary dismissal of the appeal.

Appeal Files
  • ECF: 14 - 04/23/26 - Court -

    Order Granting Opposed Motion for Voluntary Dismissal
  • ECF: 13 - 04/01/26 - Government -

    United States’ Reply in Response to Appellee’s Opposition to Motion to Voluntarily Dismiss Appeal
  • ECF: 8 - 03/18/26 - Government -

    Government’s Motion to Voluntarily Dismiss Appeal

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